Etsy Seller’s Guide to Avoiding Copyright Infringement

Are you already an Etsy seller, or thinking about opening an Etsy shop? How exciting! There’s nothing more satisfying than making money off of your own personal ideas and creations, however if you’re not familiar with Etsy’s intellectual property policy, or with copyright law, you could find yourself in legal trouble without even knowing you broke Etsy’s rules, or worse, the law.

That’s why we decided to create this Etsy seller’s guide to avoiding copyright infringement:

According to Harvard University’s Office of the General Counsel (OGC), “Copyright is the lawful right of an author, artist, composer or other creator to control the use of his or her work by others.”

In design and crafting terms, this means that as soon as someone has created something, the rights to that creation belongs exclusively to them.

Harvard’s OGC further explains “Generally speaking, a copyrighted work may not be duplicated, disseminated, or appropriated by others without the creator's permission.”

This means that every time you see a DIY craft, painting, drawing, design, etc. You are not legally allowed to copy it directly (cut and paste), or indirectly (tracing/drawing/designing it yourself to look like the original).

How do I Know if Something is Copyrighted on Etsy?

If it’s on Etsy, it’s copyrighted.

Harvard’s OCG explains “Under current law, copyright protection begins when an eligible work is fixed in a tangible medium of expression, such as by being written on paper or recorded on film or disk.  Contrary to popular belief, it is not necessary to register a work with the Copyright Office in Washington in order to copyright it, nor is it any longer necessary to include a copyright notice.”



Can I Avoid Copyright on Etsy by Crediting the Original Creator?

No. Crediting the original creator never protects you from copyright law.



Doesn’t Fair Use Protect the Sale of Fan Art on Etsy?

According to Etsy, “Fair Use Doctrine is complex and can be unpredictable. Different intellectual property owners may have different ideas for what constitutes infringement, and what they deem as “fair” and good for their brand. And then, if a case goes to court, the fair use defense is likely unpredictable. Just because an artist is a fan and creates art, does not necessarily mean a court would find that this fan art is protected by fair use.”

So, while one intellectual property owner may see your fan art as a positive brand booster, and decide not to take legal action against you, other intellectual property owners such as the notorious Disney, may come after you with everything they’ve got. You would be putting your entire reputation at stake, putting your Etsy shop at risk of getting shut down, as well as opening yourself up to the possibility of being sued.

I’m Protected as Long as I Change at Least 30% of the Original Artwork, Right?

Wrong.

According to Etsy “There are no rules outlining a specific percentage to change in order for a work to be deemed protected by the Fair Use Doctrine”. So, if you didn’t make it from scratch, don’t sell it.



According to gerbenlaw.com, “There is no “30% Rule...This myth of the “30% rule” is pervasive and widely cited around the Internet, but it is simply false. There is no 30% rule, and any time you copy someone else’s writings, drawings, website, or other creative work, you run the risk of copyright infringement.”

What is Intellectual Property?

Merriam-Webster defines intellectual property as “property (such as an idea, invention, or process) that derives from the work of the mind or intellect.”

So, every design and DIY idea you see on Etsy is the original creator’s own intellectual property, meaning you cannot steal their idea and replicate it or else you would be in direct violation of Etsy’s intellectual property policy.

Can I sell Unaltered Public Domain Images, Art, Graphics, etc. on Etsy Since They Are Copyright-Free?

No.

This was a very tough question for us to get answered. In fact, after hours of researching and scouring through hundreds of different resources, we weren’t able to find any reliable resources that answered this question, so with the help of our fellow crafting blogger Shawn Mosch, we reached out to Trademark and Business Attorney, Mariam Tsaturyan, to see if she could help us out. Mariam stated:

“No, you can not sell a work that is in public domain without modifying it because no one owns that work. It’s available freely to everyone. However, if you modify a public work, it’s called a derivative work and you can sell those.”

Get more legal questions answered by reaching out to Trademark and Business Attorney, Mariam Tsaturyan online.

How to Avoid Penalties for Copyright Infringement on Etsy

Be original!

Start your work from scratch, and create things from your own imagination. If you’re needing to trace, you're constantly referencing a photo of someone else’s work to create your own version of it, or you started out with someone else’s work that you’re motifying, then you’re putting yourself at risk for copyright infringement.

In order to be truly safe from intellectual property/copyright infringement on Etsy, sell only original art, designs, crafts, etc.



For more information, check out these credible resources below:

Join our Cricut Community

Join our Cricut community on Facebook by joining our Cricut group: Any and All Things Cricut!

Here, you’re more than welcome to post photos of your latest projects, connect with other crafters, share your new Etsy shop, products, other social media accounts and more.

It’s also a wonderful place to share tips and tricks that you’ve learned along the way in your Cricutting adventures, as well as an excellent resource for troubleshooting any Cricut issues and getting answers to any questions you may have. What better place to get information and connect, than where all the Cricut crafters are!?